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1995 Supreme(SC) 984

K.VENKATASWAMI, N.P.SINGH
A. T. S. Chinnaswami Chettiar – Appellant
Versus
Kari Varadaraja Perumal Temple – Respondent


Advocates:
A.T.M.SAMPATH, P.N.Ramalingam, Siva subramanium

Judgment

K. VENKATASWAMI

( 1 ) THESE three appeals arise out of the common judgment and order made in S. T. A. Nos. 174, 181 and 210 of 1974 on the file of Madras High Court.

( 2 ) THE brief facts leading to these appeals as noted in the High Court judgment are the following :

THE first respondent-temple was the grantee of a minor inam comprising of lands bearing of old S. Nos. 173 and 175 of the total extent of 19. 58 acres in Pollachi village. The terms of the original grant as such were not available, however, the Inam fair register produced in the proceedings showed that the grant was a devadayam religious inam of a permanent character given rent-free for the support of the temple. The Inam was confirmed in the year 1863 under the title deed No. 161. By the Tamil Nadu Minor Inam (Abolition and Conversion into Roytwari) Act, 1963, (hereinafter called the Act) minor inams were abolished and Ryotwari settlement was introduced. The Settlement Tehsildar No. II Gobi Chettipalayam initiated an enquiry for the purpose of grant of a Roytwari patta under the provisions of the said Act. The appellants herein and also the first respondent temple appeared before the said settlement Tehsildar a
































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